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Columns Picture here Landlords, Neighbours and Misbehaving TenantsDispute Resolution Mechanisms under the Residential Tenancies Act 2004 Áine Ryall

Residential Tenancies Act 2004 (RTA)

Tenants in private rented dwellings disturbing their neighbours What can the aggrieved neighbour do?An innovative remedy – RTA section 15 A right for neighbour to refer a complaint to the Private Residential Tenancies Board (PRTB) against the landlord of the dwelling in question

Access to Justice?

Private Residential Tenancies Board (PRTB)

Private Residential Tenancies Board (PRTB) Deals with landlord – tenant disputesA multi-layered dispute resolution systemInitial application fee - only €25 MEDIATION - optional (< 2%)ADJUDICATION - main forum in practiceTENANCY TRIBUNAL - appellate forum (circa 33%)

RTA section 15 Creates an obligation on the landlord- In favour of each person who could potentially be affected (e.g. a neighbour)- To enforce the obligations of the tenant under the tenancy

Not to behave in a way that is “anti-social” One of the tenant’s express obligations under RTA section 16(h)

“behave in a way that is anti-social” is defined in RTA section 17(1)Behaviour that constitutes an offence;Behaviour that is threatening or intimidating; Engaging persistently in behaviour that prevents or interferes with another person’s peaceful occupation of their dwelling

Right to refer a complaint to PRTB for resolutionA person who, it is reasonably foreseeable, would be directly and adversely affected by a failure by the landlord to enforce an obligation of the tenant Usually a third party e.g. a neighbouring occupier

Pre-conditions to exercise of right to refer specified in RTA section 77 Complainant is, or was, directly and adversely affected by the alleged breach and ii. Took all reasonable steps to resolve the matter by communicating (or attempting to communicate) with the relevant parties

Activity under RTA section 15? PRTB Annual Report 2010:4% of applications for PRTB dispute resolution services came from third parties (90 approx)2004-2011 between 3% and 5% of applications to PRTB were made by third parties

Available Remedies Where landlord is found to be in breach of the obligation under RTA section 15:Adjudicator or Tenancy Tribunal (on appeal) - may award damages and/or - may make any other appropriate order against the landlord

Study of Tenancy Tribunal case lawRTA section 15 - Remedies Damages awards to the third party range from €250 to €5000Orders directing landlord take steps: To serve a notice of termination of tenancy; To inspect the dwelling more frequently; To monitor tenant behaviour; To lay carpet on wood floors or; To remove debris from garden

Study of Tenancy Tribunal case lawRTA section 15 – Common themes Third party alleging Tenant engaged in ASB bears a heavy burden of proofTribunal expects Landlord to investigate Third party’s allegations and to respond promptly and adequately

Study of Tenancy Tribunal case lawRTA section 15 – Common themes Landlord’s response must be effective and proportionate – depends on circsTribunal expects Third party to act reasonably and not aggravate situationTribunal tends to award higher damages than Adjudicator

Regulatory framework seriously flawed & not fit for purposeOverly complex – not user friendlyLack of awareness of rights and obligations- Lack of up to date information & analysis published on developments in PRTB case law

Regulatory framework seriously flawed & not fit for purpose Unacceptable delays in dispute resolution process Adjudication: 8-10months Tenancy Tribunal (Appeal): 4-6months- The enforcement challenge Enforcement proceedings in Circuit Court and/or Criminal Prosecution in District Court

Potential solutions Prioritise amendment of RTA Amendment Bill is expected to be published during current Dáil session Greater emphasis on information, education and awareness – for both landlords and tenants – to avoid disputes in first instance- More specific obligations in tenancy agreements

Potential solutions Review effectiveness of current dispute resolution mechanisms and associated enforcement activityAddress dearth of research – in particular legal analysis of RTA and its implementation in practiceAdequate resources for PRTB